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JimLawyer, Solicitor

Category: Family Law

Satisfied Customers: 2484

Experience: Senior Associate Solicitor

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She has a pension pot of 166k, mine is 15k at present. She

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She has a pension pot of 166k, mine is 15k at present. She is 15 years older so I would presume would retire first. She received an inheritance 2 years ago which she used to pay off some of our children’s school fees and pay down the mortgage. My parents have not passed away yet. Are the funds she received considered ‘co-mingled’ now? She paid them into the joint account. Will her higher initial assets and her higher age count in her favour if we end up in court? I am younger and we have boys who have a very strong relationship with me and I do all the cooking (ex professional chef) at home. We share the housework, but I do a great deal of DIY (50+ days/year for 15 years) that has added value to our family home. Does any of that count in the courts’ eyes?

Those pensions are very far apart so I would definitely be asking for an order to share her pension.

Yes, if the funds were received and used during the marriage, they can be considered as "matrimonial" for the purposes of the "pot", which the court will consider which comprises cash, assets, pensions, etc.

All of those arguments are taken in to account, yes. A lot of it comes down to negotiation and the more you can agree before the divorce, the better. However, you can issue financial remedy proceedings and I would recommend that if she does not offer more realistic settlement proposals - bear in mind the starting point is 50% for the court.

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If we went to court, would the house be sold or would it be likely that she be awarded the house and custody of the children? As we have a separate ancillary accommodation on site which I am prepared to live in, would I have the right to stay near the children? From the valuations of the house, minus mortgage and debts, we would be looking at 144,000 minus any court fees and costs each. She is sure that the courts will award her the house until the children finish university (8 years) at which point the house would be sold but she again is sure she would get more due to her equity when we met 18 years ago. Again, this doesn’t seem right, I know she doesn’t want to go to court so should I be asking for closer to the 50/50 figure or prepare for less? Thank you for previous replies

If you have a share of the house but the children were to live with her, the house would very unlikely be sold until the children and the youngest reaches the age of 18 before an order for sale would take place. Yes, you have parental responsibility so should see the kids as much as possible. You could stay near the children - it would be in their best interests. You should ask for at least 50% and say to her you need that at least to address your financial needs going forward. It is all well and good for her to say that and make those comments but they are unrealistic from my reading of the situation.

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